Ordinance #74-24 — Grass and Disposal of Yard Waste — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot f333a3ee10fc · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## ORDINANCE #74-24 Second Reading: 10/7/2024\_ ## AN ORDINANCE REGULATING OVERGROWN GRASS AND WEEDS AND THE DISPOSAL OF YARD WASTE IN THE TOWN OF WYOMING WHEREAS, Section 18.2 of the Charter of the Town of Wyoming authorizes the Town to "prevent, abate, and remove all nuisances, obstructions, unsanitary conditions, or any other condition detrimental to the public safety, health, and welfare ... and to cause the cost of such abatement or removal ... to be paid by the property owners, legal entity, or individual causing or permitting the same to exist"; WHEREAS, the Town of Wyoming is authorized under section 27 of its Town Charter to enact ordinances related to the sanitation, beauty, health, and safety of the public; WHEREAS, the Town Council of the Town of Wyoming finds that overgrown grass and weeds are detrimental to the public safety, health, welfare, and sanitation because tall grass and weeds can have a blighting effect on neighborhoods and property values and can provide a refuge for vermin and insects; WHEREAS, the Town Council of the Town of Wyoming finds that allowing yard waste to enter into and accumulate on the public right-of-way creates hazards to vehicles and pedestrians and obstructs and damages the stormwater drains and stormwater systems located in the Town of Wyoming; and WHEREAS, the Town Council of the Town of Wyoming finds that it is in the best interest of the public health, safety, and welfare to regulate the height and cutting of grass and weeds and to prevent yard waste from being deposited in the public right-of-way. NOW THEREFORE, BE IT HEREBY ENACTED by the Town Council of the Town of Wyoming, a majority thereof concurring in council duly met, that Ordinance #56-20 "An Ordinance Regulating Overgrown Grass and Weeds in the Town of Wyoming" be and hereby is repealed in its entirety and a new ordinance is enacted, as follows, to wit: ## AN ORDINANCE REGULATING OVERGROWN GRASS AND WEEDS AND THE DISPOSAL OF YARD WASTE IN THE TOWN OF WYOMING Section 1. Purpose and Intent. The Town hereby finds that tall grass and weeds can have a blighting effect on neighborhoods and property values and can provide a refuge for vermin and insects. The Town finds that allowing yard waste to enter into the public right-ofway and accumulate in the public right-of-way can create a visual obstruction to the curbline, creating hazardous conditions for vehicles and pedestrians. Allowing yard waste to enter the public right-of-way can also clog stormwater drains and/or enter the stormwater system, causing flooding and damaging the stormwater system. The purpose of this ordinance is to protect the Sponsor:\_George First Reading: \_ Waived\_ public health, safety, welfare, and sanitation by regulating the height to which grass and weeds are permitted to grow on properties and regulating the disposal of yard waste in the Town of Wyoming. ## Section 2. Definitions. Grass or Weeds shall mean any grasses, bushes, deleterious or unhealthful vegetation, or other noxious growing matter, except for trees, ornamental shrubbery, flowers or vegetables or fruits properly tended, pastureland, woodland, or land under cultivation. Public right-of-way means the streets, curbs, sidewalks, and/or alleys of the town Yard waste means grass or weed clippings, leaves, sticks, branches, twigs, tree limbs and prunings, flower cuttings, shrub and hedge clippings, sod, and garden waste (including but not limited to vines, plants, fruit/vegetables and vegetable matter). Section 3. Unlawful to allow growth above certain height. It shall be unlawful for any property owner or occupant to permit any grass of weeds to grow higher than eight (8) inches as measured from the ground on any lot or parcel of ground within the corporate limits of the town, regardless of whether improvements have been erected on the lot or parcel of ground. Yards shall be kept fiee from trash and debris that interfere with mowing of the area. Section 4. Unlawful to allow growth in sidewalks, walkways, other areas. It shall be unlawful for any property owner or occupant to permit any grass or weeds to grow in any sidewalks, walkways, stairs, driveways, parking spaces and similar areas. Section 5. Disposal of yard waste in the public right-of-way. It shall be unlawful for any person to deposit, place, discard, dispose, drop, or in any other manner scatter any yard waste in or upon the public right-of-way. Anything herein to the contrary notwithstanding, nothing in this section shall be construed as prohibiting the temporary scattering of yard waste on the public right-of-way where the same occurs incidental to and during mowing, raking, or clipping operations, but the same shall thereafter be removed and corrected immediately at the conclusion of such operations. Section 6. Abatement of violation by town upon owner's failure; collection of costs. If any property owner, occupant of a lot, or other person violates this ordinance or permits a violation of this ordinance to occur, the town shall give written notice that the town shall proceed to abate the violation if the person, property owner, or occupant fails to remedy the violation within five calendar days of the notice. The notice shall be posted on the property and mailed or hand delivered to the property owner and occupant and any additional person who has violated the ordinance. The notice shall additionally state that, for the remainder of the calendar year (January 1 through December 31), the town shall proceed, without further notice, to abate any violations each time the property, or the public right-of-way adjacent to the property, is inspected and found to be in violation of this ordinance. Section 7. Charge for mowing and cleanup by town. When the town is authorized under this ordinance to abate violations of the ordinance or when the town is requested to mow any private property in the town, the following cost shall be assessed: - (1) Mowing and/or weed-eating--$150.00 per hour with a $50.00 minimum - (2) Removal of trash, debris, and yard waste (if needed)--$150.00 per hour with a $50.00 minimum, plus landfill disposal fees - (3) Administrative charge--$25.00 - (4) Rental Equipment - actual cost to town plus 15% Section 8. Advertisement. The town shall place a copy of the text of this ordinance in the town newsletter once each calendar year at the beginning of the year. Enforcement will not begin until 15 days after publication of the ordinance. Section 9. Civil Penalty. Any person, property owner, or occupant of a lot violating any of the provisions of this ordinance shall be assessed a civil penalty of $50.00. Each day that such violation is maintained shall constitute a separate offense. A civil penalty may be appealed pursuant to Section 10 herein. Section 10. Payment of charges and penalty. The town shall bill the property owner, occupant of the lot, and/or other responsible person for the charges incurred to abate the ordinance violation, plus the civil penalty provided for herein. Included with the bill shall be proof of the violation, consisting of a photograph and, when applicable, an approximate measurement of the grass or weeds in violation of this ordinance, and notice of the right to appeal the Code Enforcement Official's decision. If not paid when due, the abatement costs and the civil penalty will be added to the annual tax bill for the property pursuant to 25 Del. C. § 2901(a)(1)(i) & (k) and as such shall constitute a lien upon the property and may be collected in the same manner as the real estate taxes. Section 11. Appeals. Any property owner, occupant, or other person receiving a violation may appeal the decision of the Code Enforcement Officer that a violation of this ordinance occurred and/or the imposition of civil penalties by submitting such appeal, in writing, to the Town Council within 10 business days of the date of the civil penalty issued pursuant to Section 9. At the next regularly scheduled Council Meeting, the appellant shall be given the chance to present his/her appeal to the Town Council, after which the Town Council shall issue a decision on the appeal. ## Synopsis This ordinance prohibits people, property owners, or occupants of a lot from allowing grass or weeds to grow to height in excess of eight inches. This ordinance prohibits individuals from allowing grass, weeds, and vegetation from growing in spaces or cracks in sidewalks, driveways, and other similar areas, and from allowing yard waste to be deposited in the public right-of-way. The town must provide 5 days' notice prior to taking action to abate a violation, and only one notice is required annually. This ordinance must be published annually in a newspaper in the town, and this ordinance outlines the penalties for violations and the charges for abatement actions taken by the town and allows unpaid civil penalties and fees to be added to the annual tax bills. The ordinance establishes the fees charged by the town to remediate violations of the ordinance. Appeals procedures are outlined in this ordinance. This shall certify that this is a true and correct copy of the ordinance duly adopted by the Town Council of the Town of Wyoming at a duly-noticed and convened meeting at which a quorum was present on October 7, 2024.     So Certifies: war can amas. lown Clerk Mayor This shall certify that a copy of this Ordinance was posted at the Town Hall on October 8, 2024. 10/7/2024 So Certifies: Audhey Sendale